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WOOD v. WATERVLIET CITY SCHOOL DISTRICT

30 A.D.3d 663 (2006)

815 N.Y.S.2d 360

BRIAN P. WOOD et al., Individually and as Parents and Guardians of BRIAN W. WOOD, Appellants, v. WATERVLIET CITY SCHOOL DISTRICT, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 1, 2006.

Lahtinen, J.

On June 5, 2002, Brian W. Wood, a fifth-grade student at Watervliet Elementary School, sustained a fractured nose and lost a tooth when he was punched several times, knocked to the floor and kicked by Jamal Leaks, another fifth-grade student. The incident occurred during a social studies class that was being supervised by Cherril Young, a substitute teacher. Plaintiffs commenced this action alleging that Wood's injuries resulted from negligent supervision...

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